Tuesday

Drivers suspected of driving under the influence in Tuscaloosa may soon be required to submit a blood sample if they refuse to take a breath analyzer test.

Tuscaloosa County District Attorney Hays Webb has proposed the "Zero Refusal Policy." If local agencies adopt the practice, officers would obtain a blood sample from any suspected DUI defendant who refuses to take a breath test.

"After spending a career as a criminal defense lawyer looking for weaknesses in the state's cases, I'm looking at it from the opposite side as to how can we build the strongest cases," Webb said. "At the end of the day, this is about improving public safety and keeping the streets as safe as we can."

Tuscaloosa defense attorney Mike Upton said he's not certain the policy would be lawful in all cases.

"Just because something is announced as a policy doesn't mean it's automatically in compliance with the law in a given case," he said. "I have no doubt that Tuscaloosa defense lawyers will continue to do what we've always done, regardless of any policies that are tossed about: examine the facts and protect the rights of the accused in each and every case, and hold the government accountable for following the law. That includes both the district attorney and our local judges. We are the last line of defense between the government and accused citizens, and that's never going to change."

Under the new policy, blood would be drawn from every DUI suspect who refuses a breath test at the Tuscaloosa County Jail. Officers would call a judge and read an affidavit that outlines the evidence against the person. The officer could also text, email or fax the judge the information, Webb said. The judge would place the officer under oath before hearing the evidence and agreeing or declining to issue the warrant over the phone.

Webb said the Alabama Rules of Criminal Procedure allow judges and magistrates to authorize search warrants over the phone.

"This keeps the judges from having to get out of bed in the middle of the night, and also allows for more timely processing of the evidence," he said. "What we want is to have results, whether it's breath or blood, as close in time to the time of driving as possible. This should cut out a lot of wasted time."

Blood tests can also prove intoxication in the cases of people charged with driving while under the influence of drugs instead of alcohol.

"In drug cases, it's very difficult to prove the case without a blood result," Webb said.

Officers can arrest someone for a DUI even if they refuse to take a breath test, but it's not routine to collect a blood sample. If the driver caused a crash, for example, the officer would likely see a judge, obtain a search warrant and have blood drawn from the suspect at a hospital.